4 ms·
This. Arbitration works reasonably well between two weak entities but that's it. The fundamental problem is that anyone who repeatedly goes to arbitration wil
by LorenPechtel 5y ago
This. Arbitration works reasonably well between two weak entities but that's it.
The fundamental problem is that anyone who repeatedly goes to arbitration will learn who will favor them in making judgments and will use their strikes to remove the ones least favorable to their position. This rapidly degenerates to a system where the arbiters have to generally rule for the big guys or they won't have any business.
When it's big guy vs big guy they'll distribute their decisions between the two--but that will favor the side that's being unreasonable. (Ask for the moon, get half a moon.)
The court system is seriously unwieldy but arbitration is seriously unfair except in the case of small fry vs small fry.